You’ve finally decided to file for bankruptcy after months of creditor calls and late nights of weighing your options. This should mean an end to the calls and a little bit of peace, right? While filing bankruptcy should give you a break from creditors’ calls, that isn’t always the case.
If you’re ready to move forward with a bankruptcy filing, choose the experienced team of bankruptcy attorneys at Padgett & Robertson. Call us at 251-432-0264 to set up a meeting time now.
The Automatic Stay
As soon as you file for bankruptcy, an automatic stay goes into effect. The automatic stay requires debt collectors to stop attempting to collect on a debt you owe. This stay is in effect until the end of your bankruptcy case, at which point they may begin collection efforts if the debt is not discharged. If the debt is discharged, they will provide you with a discharge order.
However, the automatic stay isn’t always as automatic as it should be. Your creditors may not be informed of your filing for a while, and they may continue calling until they receive notification of your filing. Follow your attorney’s advice on this. They may tell you to notify your creditors directly, which may involve providing a case number and contact information for your attorney.
When Creditors Keep Calling
The automatic stay is in effect, but your phone is still ringing and you still have debt collectors on your back. What’s your next step? You can answer the phone and tell them that you have filed for bankruptcy. For their records, they may ask for a case number and contact information for your attorney. This is generally enough to get most collectors to stop calling. After all, continuing to make contact when an automatic stay is in place is against the law.
After telling each of your creditors about your filing, the calls should stop. If not, you may be dealing with an unethical creditor.
How Unethical Creditors Try to Bypass the Automatic Stay
Keep in mind that most creditors want to follow the law to the letter. Failing to do so can result in heavy fines for them. But there are still some creditors and debt collectors who push the envelope and continue attempting to collect when an automatic stay is in place. If this occurs, follow the lead of your attorney.
You may want to tell the collector that they are calling in violation of the automatic stay, which could prompt them to stop. Otherwise, you may be forced to take legal action against them. If this occurs, they will likely be fined and have to pay your associated expenses.
How a Bankruptcy Attorney Can Help
The world of bankruptcy law is complex, and it’s difficult to know your rights. It’s even harder to exercise them when you are dealing with aggressive or immoral debt collectors who have no problem stomping all over your rights. That’s why it’s so important to have a bankruptcy lawyer by your side who you can trust.
Your lawyer can handle any automatic stay violations on your behalf and ensure that the culpable parties are held accountable. Your nerves are likely already frayed from considering and filing bankruptcy—you don’t need more stress from collectors.
Beyond this, your bankruptcy attorney will be an excellent source of knowledge and support for you throughout this process. Bankruptcy involves substantial amounts of paperwork, tight deadlines, and court hearings. With the assistance of a bankruptcy lawyer, you can feel confident about taking the right steps and giving yourself a fresh start.
Let Padgett & Robertson Help You Through Your Bankruptcy Claim
If your debt is keeping you up at night, preventing you from pursuing your goals, or otherwise taking over your life, it may be time to find out if bankruptcy is the right choice for you. The team at Padgett & Robertson is ready to go over your finances and help you decide your next step.
We know that this decision is difficult and often comes after plenty of consideration, and we’re here to guide you through this challenging time. Take the first step now by calling us at 251-342-0264 or to schedule a personalized consultation.